There was great public outrage, in 2008, over the processes and procedures employed by Udecott lacking transparency and accountability, which citizens claimed did not conform to statutory regulations. There were also allegations of abuse of the public purse and irregular practices in Udecott's projects. In addition, local construction companies stated that they were being overlooked for contracts, in favour of foreign-owned enterprises. Fuel was added to the fire when Dr Keith Rowley was fired as Trade and Industry Minister in 2008, after a disagreement over the role of Udecott and the institution's apparent access to public funds without proper oversight.
Rowley, who went before the commission, called on Prime Minister Patrick Manning to fire Hart as chairman of Udecott and other State agencies. Manning announced that an inquiry would be held in 2009. The commission was set up in September, 2008 and, on January 12, the first phase of the inquiry began at the Winsure Building, Port-of-Spain. The inquiry was established to examine and report on the public sector construction industry, with particular reference to Udecott and the HDC's Cleaver Heights housing project in Arima. By August, the commission suffered a hiccup when commissioner Israel Khan resigned. Khan said the possibility existed that, subconsciously, he might hold a bias against Hart and might not have given him a fair hearing. Just before his resignation, days into the inquiry, Khan, SC, told Rowley that he had failed to present any evidence of corruption against Udecott.
In October, members of Udecott's board refused to resign, saying they were satisfied with their performance. In the third phase of the inquiry, it was discovered that a requirement to publish the holding of the inquiry in the Gazette was not complied with. This forced the temporary suspension of the hearings and the drafting and passage of a Validation and Immunity Bill. As the inquiry picked up speed, Hart, who runs five State corporations, enjoyed more benefits from the Government, taking home $146,000 a month. His contract was renewed by the Cabinet in September, this year, and he was paid a bonus of $95,625.
Other perks included:
n a motor vehicle (not to exceed $425,000);
n $6,000 housing allowance.
n telephone allowance of $500 per month for a land line, plus overseas calls; a cellphone and an allowance of $500 per month.
n entertainment allowance of $2,000 per month.
Public resentment of the court action taken by Udecott to forestall and derail the inquiry was at its height. Calls for the removal of Hart and the board had reached their peak. The fourth phase of the inquiry resumed in December, with evidence given by Carl Khan, ex-husband of Sherrine Hart, wife of Hart. Khan, in a sworn statement, alleged that the Former member of the Commission of Enquiry into the Piarco Development Project, Victor Hart, believes the Uff report will be published, because of the unprecedented public interest in it.
Hart, head of T&T Transparency Institute (TTTI), who testified in the Uff inquiry, believes the great public interest in it will ensure a demand for publication of the report that Government will not be able to resist. "I believe that the report will be published, despite Government's poor track record with respect to the publication of such reports. "After six-and-a-half years, the Piarco Airport Commission of Enquiry report is yet to be tabled in Parliament and published. "After one year, the Caroni Bridge Collapse Enquiry Report is yet to be tabled in Parliament and published." Hart does not believe that any action will be taken on any matter related to the inquiry before the report is made public, even though there is no need to wait. "TTTI's message to the commission was that there appeared to be need for the reform of procurement practices and procedures in some public agencies and we recommended certain reforms.
"There is clearly enough evidence in the public domain to support the need for reform, and the process of reform can begin without waiting for the commission's report, if there is the political will to do so. "TTTI never accused anyone or any company of corruption. "However, we have noted that the evidence in the public domain about alleged wrongdoing calls for further investigation by the proper authorities, either to clear the names of the accused, or to hold them accountable. "The question of laying charges should not arise, unless due process has been observed. "Therefore, we look to the authorities to undertake proper investigations before decisions are made to exonerate or to prosecute persons or companies." Hart felt the commission had served its purpose and the revelations that have come out of it, to date have validated the call by many for its setting up.
"Specifically, the revelations about Udecott's procurement practices and procedures have validated the concerns expressed by many persons and shown clearly the need for reform." He said the inquiry gave all parties a fair hearing in full public glare, and the public had been educated about the issues identified in the President's Terms of Reference and were better able to draw their own conclusions. "The decision to use on-line and electronic means to broadcast the inquiry gave it an unprecedented level of transparency and credibility that has to be applauded, and hopefully, a precedent has been set for future inquiries. "The impact on the public was marked and this was well demonstrated by the widespread public reactions when Udecott sought to use legal manoeuvres to frustrate the commissioners' work."
Commenting on Government's general public expenditure on mega projects, Hart said it was hard to justify the spending of millions on the Tarouba Sporting Complex, the Waterfront Project and the National Academy for the Performing Arts, all done by Udecott. "Government has not offered any evidence to the commission to show meaningful consultation with stakeholders on the need for those projects, or that value for money was obtained from the spending of billions of taxpayers' dollars. "In the case of Tarouba and the academy projects, questions remain unanswered about poor planning, design and supervision."